The Federal Fair Housing Act was passed into law by Congress in 1968 to help stamp out housing discrimination. As property owners, landlords, tenants, and real estate agents in North Carolina, a landlord must adhere to the act when it comes to renting and handling both existing and prospective tenants.
The following is a guide to help property owners and others understand the federal Fair Housing Act and its accompanying rent-related regulations.
What Does the North Carolina FHA Cover?
North Carolina Fair Housing means that all persons must be afforded equal opportunity in all residential property-related matters. This includes renting apartments, buying property, qualifying for a mortgage, and even obtaining residential property insurance. Every person seeking housing must be treated fairly and without bias.
The North Carolina Fair Housing Act strictly prohibits all forms of discrimination in housing matters, making it illegal to deny housing opportunities in apartments or other properties based on certain protected characteristics. The protected characteristics outlined in the federal Fair Housing law include race, color, disability, sex, religion, national origin, and familial status.
Understanding and complying with Fair Housing law is essential for all landlords to ensure they provide equal opportunities to everyone seeking housing in apartments. Adhering to Fair Housing laws not only protects tenants but also helps landlords avoid potential legal consequences while promoting fair access to apartments for every person.
What Types of Properties Does the FHA Cover?
The Federal Fair Housing Act covers residential and commercial properties and vacant land that’s to be used for residential purposes.
Which Government Agency Enforces the Fair Housing Act in North Carolina?
The North Carolina Human Relations Commission (HRC) is the government agency responsible for enforcing anti-discrimination law in North Carolina, promoting positive human relations throughout the state.
Are There Penalties for Violating the FHA?
Yes. In the United States, engaging in housing discrimination because of national origin or familial status for example will get you penalized by the Department of Housing and Urban Development (HUD). The department published new civil penalty amounts in March 2020 and was enforceable on violations that occurred on or after April of that year. Therefore, it is wise to follow the federal fair housing law.
What are Examples of Common Violations to the Fair Housing Act?
When it comes to renting, the following are the common violations landlords should avoid according to the federal fair housing law:
- Refusing to rent out a vacant property to a prospective tenant based on a protected characteristic such as national origin and familial status.
- Lying about the availability of property just because you don’t want to rent to a person based on their protected characteristic.
- Having different qualifying standards for different characteristics of a person such as national origin and familial status. For example, running credit reports on people of color but not doing the same to white prospects.
- Providing different tenants with different amenities and accommodations.
- Make statements in your rental ads that indicate a preference for or limitation of a prospective tenant based on certain characteristics such as national origin and familial status.
- Interfering or threatening your tenant’s fair housing rights.
- Discriminating against elderly tenants based on their age.
- Refusing to reasonably accommodate the needs of a disabled tenant. Tenants who are mentally or physically disabled have special provisions under the statewide landlord-tenant law. It’s also unlawful for landlords to deny housing to a tenant with a service dog.
- Denying housing to a prospective tenant who has an arrest record or a past conviction. First and foremost, as a landlord, it’s illegal to deny housing to a person with an arrest record only. Also, you must exercise caution when reviewing a prospective tenant’s actual conviction. You should only consider relevant convictions that may reflect a danger to other tenants.
What Can a Landlord in North Carolina Do to Avoid Potential Discrimination Claims?
Write Discrimination-free Rental Ads
You must be cautious when writing up a rental ad. The language you use in the written text shouldn’t in any way indicate discrimination or a preference for or limitation of a particular group of tenants, such as national origin and familial status. As the law requires providing equal opportunity to any person, you cannot include statements such as:
- “Christian Home”. A prospective tenant who isn’t a Christian or not of Christian national origin may see this as bias against other religious faith.
- “No Pets”. Even with a majority of American households having pets, many landlords still don’t accept pets. You may have a "no pet" policy however, it’d be unlawful to reject a disabled tenant because of their service animal.
- “Not Suitable for Children”. This would be discriminatory against tenants with kids. One of the protected characteristics under the Fair Housing Act is familial status.
- “Great for a Female Student”. This would be unlawful, as sex is a protected characteristic under the Fair Housing Act.
Other statements that you mustn’t include: “must provide proof of employment”, or “we only rent to people who speak English”.
Screen Tenants the Right Way
Before placing an ad on a rental listing, it’d be important to familiarize yourself with the fair housing law. This is because there are certain things you can and can’t say and do during the tenant screening process.
The following are examples of questions that North Carolina landlords must steer clear of:
- Are you married?
- What is your national origin?
- Is that a service dog?
- How many children do you have?
- Are you a Catholic?
- Have you ever been arrested?
Hire a Property Management Company
Hiring a property manager is the best strategy to go with if you haven’t familiarized yourself with the North Carolina landlord-tenant laws. A good company will help maintain your property and ensure that rental operations are in line with all the relevant federal fair housing law.
Summary
Landlords, tenants, and real estate agents need to stay informed of the FHA and other federal fair housing laws to avoid fair housing complaints. These include the warranty of habitability, security deposit rules, landlord entry rules, property insurance rules, and the fair credit reporting act.
If you would like help from a property manager in managing your rental properties and abiding by local, state, and federal fair housing laws then reach out to the experts at Weichert Realtors | Mark Thomas Properties Property Management.
Disclaimer: This blog isn’t a substitute for professional legal advice. If you have a specific question, get in touch with a qualified attorney or an experienced property management company.
